Page 52 - Rassegna 2017-4_4

STUDI GIURIDICO-PROFESSIONALI

1.11 Complainants in cases of sexual assault are defined as falling into this
category by Section 17(4) of the Act. Witnesses to specified gun and knife
offences are defined as falling into this category by Section 17(5) of the
Act (as inserted by the Coroners and Justice Act 2009). Vulnerable and
Intimidated Witnesses: A Police Service Guide (Ministry of Justice 2011)
suggests that victims of and witnesses to domestic violence, racially moti-
vated crime, crime motivated by reasons relating to religion, homophobic
crime, gang related violence and repeat victimisation, and those who are
elderly and frail also fall into this category. The Code of Practice for
Victims of Crime (Office for Criminal Justice Reform, 2005) indicates
that the families of homicide victims fall into this category.
1.12 Research suggests that the intimidation of witnesses is likely to arise in
sexual offences, assaults and those offences where the victim knew the
offender and also crimes that involve repeated victimisation, such as stal-
king and racial harassment. In addition, some witnesses to other crimes
may be suffering from fear and distress and may require safeguarding and
support in order to give their best evidence. While the legislation distin-
guishes between vulnerable and intimidated witnesses, in respect of the
criteria for their eligibility for Special Measures it is important to recognise
that:
- Some witnesses may be vulnerable as well as intimidated (e.g. an elderly
victim of vandalism who has dementia on an inner-city estate);
- Others may be vulnerable but not subject to intimidation (e.g. a child
who witnesses a robbery in the street); and Others may not be vulnerable
but may be subject to possible intimidation (e.g. a young woman who fears
violence from her current or former partner or someone who has been
the subject of a racial attack).
1.13 While these examples provide illustrations of the application of the legi-
slation, it is important not to attempt to categorise witnesses too rigidly.

Special Measures

1.14 The Youth Justice and Criminal Evidence Act 1999 introduced a range of

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